The rise of e-commerce and the struggle many brick-and-mortar retail stores face is nothing new. Customers are increasingly choosing to shop for clothes, furniture and even groceries from the convenience of their own homes. More recently, however, this shift in the way consumers shop has given rise to new types of retail stores – small showrooms and “pop-up shops.”
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Considerations When Negotiating Common Area Maintenance Costs in Retail Leases
Most retail tenants desire to locate their respective businesses amongst other retail businesses in malls, retail shopping centers or other mixed-use centers. Therefore, when negotiating retail leases, some of the most heavily discussed provisions involve the tenant’s share of Common Area Maintenance expenses.
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Retailers Should Ensure Flexibility in Lease Agreements for In-Store Partners
E-commerce and online shopping are here to stay, but the explosion of new technology and the number of resources available to facilitate online shopping is an opportunity for retailers to embrace new ideas and concepts that will increase foot traffic to their physical locations.
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Shopping Center Restrictions Should Be Revisited in the Wake of Changing Retail
It’s probably painfully obvious to companies in the retail industry and beyond that the old paradigm of the retail shopping center is being permanently altered by e-commerce, as well as changing consumer preferences. As the old-guard stalwarts of retail begin to shutter stores or fold completely, it is up to both landlords and existing anchor
Why Retail Developers and Tenants Should Reconsider the Use of Detailed REAs
Recently, the Fourth Circuit affirmed a jury award in favor of retailer Lord & Taylor for lost profits in connection with a breach of its reciprocal easement agreement with D.C.-area mall owner White Flint, LP. The court found White Flint’s efforts to redevelop the regional mall into a mixed-use project violated the terms of the REA, which can often be an obstacle to redevelopment plans.
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Retailers Beware: Antitrust Implications of Restrictive Covenants
Continue reading to learn what to look for when drafting and enforcing use provisions of a lease as a retailer.
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Many CMBS Loans Due to Mature as Retail Shopping Malls Struggle
Traditional shopping malls across the country are facing a decreasing amount of customers, declining profits, and, in certain cases, overall viability. With billions of dollars in outstanding CMBS debt that large mall owners may be unable to refinance, the CMBS industry is bracing for potentially significant losses.
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Joint-Employer Liability and the Retail Industry
On June 3, 2016, Hunton & Williams LLP published a video discussing a 2015 ruling by the National Labor Relations Board, which fundamentally alters the joint-employer standard. The ruling has already been making waves in the retail industry as the NLRB seeks to apply the new standards to hold certain franchisors liable for the employment violations of its franchisees.
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Driverless Cars and Driverless Spaces: The Future of Retail
A world of driverless, or autonomous, cars is much closer than we may think. According to numerous automobile industry experts, driverless cars will be in use and on the roads within the next 10 years, and will leave an indelible mark on retail real estate development.
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Aeropostale Bankruptcy Highlights Challenges for Retailers Seeking to Reorganize
Earlier this month, teen clothing retailer Aeropostale filed for Chapter 11 bankruptcy protection, seeking to immediately close 154 of its over 800 stores located throughout the United States and Canada. Many of these stores are located in smaller shopping malls, which have been hit the hardest by the shift to online shopping.
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